Rights & Responsibilities

Rights:

Whether you are a complainant or the accused, you have rights. Click the appropriate Equity Resolution Process below for more information: 

Retaliation is any adverse action taken against a person because of that person’s participation in protected activity. The University strictly prohibits retaliation against any person for making any good faith report or for filing, testifying, assisting, or participating in any investigation or proceeding involving allegations of discrimination in violation of the University’s Equal Employment/Education Opportunity Policy.

Examples of prohibited retaliation include, but are not limited to, giving a lesser grade than the student’s academic work warrants because the student filed a complaint of sexual harassment; giving lower than justified performance appraisals because a person was a witness in an investigation of alleged sexual harassment; and threatening to spread false information about a person for filing a complaint of sexual harassment.

Any person who engages in such retaliation shall be subject to disciplinary action in accordance with applicable procedures. 

CR&R 600.020(L) 

At times, students may be hesitant to report the occurrence of a sexual violence to University officials because they are concerned that they themselves, or witnesses to the misconduct, may be charged with other policy violations such as alcohol or controlled substance violations.  These behaviors are not condoned by the University, but the importance of dealing with alleged sexual misconduct or sexual violence outweighs the University’s interest in pursuing lesser violations. In order to foster reporting and participation, the University may provide amnesty to Complainants and witnesses for minor student conduct violations ancillary to the incident.

CR&R 600.020(E)(1) 

  • To be treated with respect by University officials
  • Access to campus support resources (such as counseling and mental health services and University health services)
  • To have an Advisor of their choice attend all interviews, meetings and proceedings throughout the Equity Resolution Process
  • To refuse to have an allegation resolved through Conflict Resolution, the Informal Resolution Process (for students) or the Administrative Resolution Process (for faculty)
  • An equal opportunity, or chance to present a list of potential witnesses and provide evidence
  • To be free from retaliation
  • To have complaints heard in a manner that is substantially the same as the process outlined within the UM System Equal Employment/Educational Opportunity Policy
  • Where the Complainant is not the person who reported the incident, the Complainant has full rights to participation in any Equity Resolution Process
  • To be informed of the finding, rationale and sanction (if applicable) of the complaint in writing.
  • To report the matter to law enforcement (if applicable) and to have assistance in making a report to law enforcement
  • Equal opportunity to appeal the findings and sanction
  • To receive advance notice of the investigation and notice of a Formal Resolution Hearing
  • To request reasonable housing, living and other accommodations and remedies consistent with Section 200.025.D of the Collected Rules and Regulations
  • To receive amnesty for minor student misconduct that is related to the incident, at the discretion of the Appropriate Administrative Officer
  • To request a no contact directive/order between the parties
  • During the Formal Resolution Process you have a right:
    • To have the names of witnesses that may participate in the hearing at least two days prior to the hearing
    • To have copies of all important and relevant documentary evidence and any investigative report at least two business days prior to the hearing
    • To use alternative ways by which the Complainant can appear and question witnesses at a hearing (e.g.: screens, Skype, questions directed through the Chair, etc.)
  • To be treated with respect by University officials
  • Access to campus support resources (such as counseling and mental health services and University health services)
  • To have an Advisor of their choice attend all interviews, meetings and proceedings throughout the Equity Resolution Process
  • To refuse to have an allegation resolved through Conflict Resolution, the Informal Resolution Process (for students) or the Administrative Resolution Process (for faculty)
  • An equal opportunity, or chance to present a list of potential witnesses and provide evidence
  • To be free from retaliation
  • To have complaints heard in a manner that is substantially the same as the process outlined within the UM System Equal Employment/Educational Opportunity Policy
  • Where the Complainant is not the person who reported the incident, the Complainant has full rights to participation in any Equity Resolution Process
  • To be informed of the finding, rationale and sanction (if applicable) of the complaint in writing.
  • To report the matter to law enforcement (if applicable) and to have assistance in making a report to law enforcement
  • Equal opportunity to appeal the findings and sanction
  • To receive notice of the hearing
  • To have the names of witnesses that may participate in the hearing at least two days prior to the hearing
  • To have copies of all pertinent documentary evidence and any investigative report at least two business days prior to the hearing
  • To be present at the hearing, which right may be waived by either written notification to the Hearing Panel Chair or by failure to appear
  • To request alternative attendance or questioning mechanisms for the hearing (e.g.: screens, Skype, questions directed through the Chair, etc.)
  • To have present an Advisor during the hearing and to consult with such Advisor during the hearing
  • To testify at the hearing or refuse to testify at the hearing
  • To present witnesses and documents deemed relevant by the Chair
  • To question witnesses present and testifying at the hearing. See Section 600.040.M.6 for limitations on directly questioning the Accused.

All parties involved will be treated equitably. The Accused has a right:

  • To be treated with respect by University officials
  • To access to campus support resources (such as counseling and mental health services and University health services), unless suspended from campus pending the completion of the process
  • To have an Advisor of their choice attend all meetings and proceedings throughout the Equity Resolution Process
  • To refuse to have an allegation resolved through Conflict Resolution procedures, the Informal Resolution Process (for students) or the Administrative Resolution Process (for faculty)
  • An equal opportunity, or chance to present a list of potential witnesses and provide evidence
  • To receive notice of the policies that the Accused has been charged with violating
  • To have complaints heard in a manner that is substantially the same as the process outlined within the UM System Equal Employment/Educational Opportunity Policy
  • To be informed of the finding, rationale and sanction of the complaint in writing
  • Equal opportunity to appeal the findings and sanction
  • Notice of a Formal Resolution Hearing
  • During the Formal Resolution process students have a right:
    • To have the names of witnesses that may participate in the hearing at least two days prior to the hearing
    • To have copies of all of all important and relevant documentary evidence and any investigative report at least two business days prior to the hearing
    • To use alternative ways by which the Accused can appear and question witnesses at a hearing (e.g.: screens, Skype, questions directed through the Chair, etc.)
  • To be treated with respect by University officials
  • To access to campus support resources (such as counseling and mental health services and University health services), unless suspended from campus pending the completion of the process
  • To have an Advisor of their choice attend all meetings and proceedings throughout the Equity Resolution Process
  • To refuse to have an allegation resolved through Conflict Resolution procedures, the Informal Resolution Process (for students) or the Administrative Resolution Process (for faculty)
  • An equal opportunity, or chance to present a list of potential witnesses and provide evidence
  • To receive notice of the policies that the Accused has been charged with violating
  • To have complaints heard in a manner that is substantially the same as the process outlined within the UM System Equal Employment/Educational Opportunity Policy
  • To be informed of the finding, rationale and sanction of the complaint in writing
  • Equal opportunity to appeal the findings and sanction
  • To receive notice of the hearing
  • To have the names of witnesses that may participate in the hearing at least two days prior to the hearing
  • To have copies of all pertinent documentary evidence and any investigative report at least two business days prior to the hearing
  • To be present at the hearing, which right may be waived by either written notification to the Hearing Panel Chair or by failure to appear
  • To request alternative attendance or questioning mechanisms for the hearing (e.g.: screens, Skype, questions directed through the Chair, etc.)
  • To have present an Advisor during the hearing and to consult with such Advisor during the hearing
  • To testify at the hearing or refuse to testify at the hearing
  • To present witnesses and documents deemed relevant by the Chair
  • To question witnesses present and testifying at the hearing. See Section 600.040.M.6 for limitations on directly questioning the Accused.

Responsibilities:

Mandated Reporter:

A Mandated Reporter is any employee of the University who becomes aware of an act of sexual harassment (including sexual misconduct) or behavior which could be characterized as sexual harassment, when perpetrated against a faculty, staff, student or visitor of the University.

Employees with a legal obligation or privilege of confidentiality (including health care providers, counselors, lawyers, and their associated staff) are not considered mandated reporters and are not required to report when the information is learned in the course of a confidential communication.

Bystander intervention: 

Bystanders are people who witness an incident such as bullying, drug abuse or assault, or the potential for these to occur, and have the opportunity to intervene and make a difference. Anyone present during an incident is considered a bystander. If something is telling you the situation could be dangerous, listen to that voice and intervene. Visit Trainings & Development for more information on Bystander Intervention Training.